Martinsburg daily gazette. [volume] (Martinsburg, W. Va.) 1887-1887, 1887-03-31
WASHINGTON DISPATCHES
AN OFFICIAL OPINION DELIVERED ON
THE INTERSTATE LAW.

Mono OF the Lawful, Customary or Neces.
sary Instrumentalities by which the
United States Mail Service Is Conducted,
are Subject to the Now Law.
WASHINGTON March 30-Attorney Gen
eral Garland has delivered an official opinion
on the Interstate commerce BILL in which he
holds that none of the lawful, customary, or
necessary instrumentaliti by which the
United States mail service is conducted, are
subjected to the new law. The opinion in its
full text is as follows:
"DEPARTMENT OF JUSTICE,
WASHINGTON, March 80.
s'To the Postmaster General:
ssSIR-I reply to your letter of the 2lst Of
March, 1887, which is: 1t has for many
years been almost the universal practice Of
railroad companies engaged in the transpor-
tation Of the mails, to transport without
special charge the inspectors of this depart
msnt, including such officers as the postnas-
ter general is by statute authorized to en-
ploy as inspectors or special agents, and
also to transport postal clerks, not only when
en- Gagged in the actual service of distributing
mails on the car enroute and on their return
trips. but to transport them between their
places Of residence and the point at which
they are required by tine rules of the service
to begin their rim, when on the occurrence
Of their lay offs, they are at liberty to go
home for rest and study.
1.-The question has b,sa raised by various
commissions to the department whether,
since the recent act or congress OF February
4. 1887 entitled An Act to Regulate Com
merce, the continuance Of such facilities will
contravene the law. Inspectors and special
agents have habitually received commission
signed by the head Of this departm ent, desig-
mating them as inspectors, and requiring all
railro, 8 and other contractors engaged In
Il Q ira spp I'll n of mails to carry the re-
spec i've designated persons without speclal
charge for transportation. Similar commits
ma s have been granted them
by railroad companies to enable them to
make return trips although not actually en-
gayed in distributing the mails, and to travel
between the vermini of their routes and their
homes.
sYour opinion is solicited upon the question
whether thsre be anything in the act re-
ferred to which prohibit, the practices here
tofore prevailing as above stated, and II III
any particular the act prohibits the contin-
uance by the railroad companies heretofore
afforded in what degree and by what limita-
tions. The title Of the act Of the 4th OF Feb
ruary, 1897, is IAN act to- regulate com
msrce., 1t is not TITLED AN act to regu-
late the United States mail service The
question presented is, 81 ostantially, was the
intent OF the law makers that it should be
construed to include the mail service OF the
United States.
1.-THE con titutional power authorizing the
act is the third clause of the eightn sec
ton of the eleventh article OF the consul
tuition which empowers congress to regulate
commerce with foreign nations, and among
the several states and with the Indian tribes
II this provision of the constitution had DeeI
understood by the trainers OF the consCltu-
ton to have embraced the mail service 81 tns
United States in the term commerce tners
would have been no sufficient reason Tor I'M
Introduction of the seventh clause OF TN
same section and article, congress shall nav'
power to es ablish postoffices and post roads
under which last the postal system has beel
organized. The m agnitude of that system 7
such thatits main operations can only o
conducted BIZ inform and general rule.
ssEnual Justice in the administration Of tn
service requires. that the burden or It's execu
ton shall not be subject to the possibility
different rates between those portions OF Tn
service which may be performed exclusivel
within individual states, and those which
include service in two or more states In
provision OF the act as applied to subjects In
tended to be embraced therein, do not appl.
to the former. but do to the latter. IL Is nc
to be supposed the law makers intended, un
der regulation of commerce, to subject
part of the mail service TO the provisions